Subject Matter Jx Flashcards
1
Q
Due Process - Personal Jx Requires:
A
Notice [=Service of Process = CPLR 308]
AND
Jurisdictional Basis
- = The Connection to NYS
- =CPLR 301 or 302
2
Q
What kinds of Jx are required to maintain an action?
A
Subject Matter Jx
- the authority of the court to render a decision that must be obeyed
Personal Jx
- the authority of the court over the parties that it is ordering around
- - Jx Basis
- - Good Service
3
Q
Personal Jx - Authority of the courts to order parties to do things [or not do things]. You need BOTH:
1. Personal Jx based on Service of Process: Hauling defendants into court by following the Xtechnical requirements of CPLR 308[Service] NOT TODAY
AND
- Jx Base in NYS: Sufficient contact with NYS - either:
a. General Jx - CPLR 301 [Present in NYS]
OR
b. Long Arm [Specific] Jx - CPLR 302
OR
C. In Rem Jx
A